IVa9

 

 

TO APPLY FOR APPOINTMENT OF A GOVERNMENT DIRECTOR (STEPS TO BE TAKEN BY MEMBERS)

 

 

1.                 Make your application to the Company Law Board, Principal Bench, New Delhi, by way of a petition to be prepared in form No.1 in Annexure II to the Company Law Board, Regulations, 1991 and annex thereto the following:

 

i)                  Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner.

 

ii)                Documentary evidence in proof of the eligibility and status of the petitioner with the voting power held by each of them.

 

iii)             Affidavit verifying the aforesaid petition, which should be prepared on a non-judicial stamp paper of the requisite value prevalent in the State and should be either notarized by the Notary Public or sworn before the Oath commissioner.  The said affidavit should be drawn up in first person and shall state the full name, age, occupation and complete residential address of the deponent and shall be signed by the deponent.  If the deponent is not personally known to the person, before whom the affidavit is sworn, he shall be identified by a person who is known to the person before whom the affidavit is sworn.  The said affidavit should clearly and separately indicate the statements which are true to the knowledge of the deponent, information received b the deponent belief of the deponent and information based on legal advice, where any statement is stated to be true to the information received by the deponent, the affidavit shall also include the name and complete residential address of the person from whom the name and complete residential address of the person from whom the information has been received by the deponent and whether the deponent believes that information to be true.

 

iv)              Demand draft or treasury challan evidencing payment of the fee of Rs.500/-.

 

v)                 Certified true copy of the Memorandum and Articles of Association of the company.

 

vi)              Certified true copy of the latest audited balance sheet and profit and loss account with the Directors’ and Auditors’ Reports.

 

vii)            Memorandum of Appearance in form No.5 of the company Law Board Regulations, 1991 with a certified true copy of the board resolution or the executed Vakalatnama, as the case may be.

 

viii)         Memorandum of Appearance in form No.5 of the company Law Board Regulations, 1991 with a certified true copy of the board resolution or the executed Vakalatnama, as the case may be.

 

2.                 Please ensure that the aforesaid petition is written, type written, cyclostyled or printed, neatly and legible on one side of the substantial paper of foolscap size in double space and separate sheets shall be stiched together and every page consecutively numbered.  Numbers and dates specified therein should be expressed in figures as well as in words.  The petition should be divided into separate paragraphs which should be numbered serially and shall state thereon the matter and the name of the company to which it relates.

 

3.                 Please also ensure that the aforesaid petition is presented b the petitioner in original and four extra copies thereof in person or through authorized representative to the office of the Bench or be sent by registered post with acknowledgement due addressed to the Secretary or Bench officer of the Bench concerned, as the case may be.

 

4.                 Affix court fee stamps of the requisite value on the original petition before submission.

 

5.                 Please furnish a copy of the complete set of the petition to the concerned Registrar of companies before filing it with the company Law Board.

 

6.                 Please furnish a copy of the complete set of the petition to the Central Government, Department of company Affairs, Shastri Bhavan, 5th Floor, ‘A’ Wing, New Delhi, before filing it with the Company Law Board.

 

7.                 Pay the filing fee of Rs.500/- as per Rule 3 read with Rules 4 and 5 of the company Law Board (Fees on Applications and Petitions) Rules, 1991, either by way of demand draft drawn in favour of Pay and Accounts Officer, Department of company Affairs, New Delhi and payable at New Delhi or by way of treasury challan obtained from the special branches of the Punjab National Bank after payment therein of the aforesaid fees in cash.  The head of account should be—104 Other General Economic Services—Fees realized by the Central Government and Company Law Board on applications/petitions made to it under the Companies Act, 1956.  Obtain three copies of the treasury challan and fill them up and then deposit all the three copies at one of the said branches of the bank and the bank will return two copies to the depositor out of which the original copy should be attached to the original petition.

 

8.                 Ensure that the petition is made b not less than one hundred members of the company or by members of the company holding not less than one tenth of the total voting power therein.

 

9.                 Also ensure that the petition explains the circumstances under which the appointment of Government Directors is necessary to prevent the affairs of the company being conducted either in a manner which is oppressive to any members of the company or in a manner which is prejudicial to the interests of the company or to public interest.